K J Industrial Scaffolding Pty Ltd T/A KJ Industrial Scaffolding Pty Ltd

[2022] FWCA 3397

[2022] FWCA 3397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K J Industrial Scaffolding Pty Ltd T/A KJ Industrial Scaffolding Pty Ltd

(AG2022/3965)

K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2022 – 2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 30 SEPTEMBER 2022

Application for approval of the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2022 - 2023

1. An application has been made for approval of an enterprise agreement known as the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2022 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KJ Industrial Scaffolding Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

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